DeVries v. Pioneer Wireline Services, LLC et al

Filing 11

OPINION & ORDER adopting 10 Findings and Recommendations IN FULL. Defendant Pioneer Wireline Services, LLC's Motion to Dismiss 4 is DENIED. Signed by Judge Susan P. Watters on 1/12/2015. (EMH, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION

JAN I 2 ZOl5
Clerk, US D1stnct Court
District Of Montana
Billings

KENTON DeVRIES,
CV 14-123-BLG-SPW-CSO
Plaintiff,
OPINION AND ORDER

vs.
PIONEER WIRELINE SERVICES,
LLC, f/k/a PIONEER LOG-TECH,
LLC, a Delaware Limited Liability
Company, and JOHN DOES I-V,
Defendants.

Before the Court are United States Magistrate Judge Carolyn Ostby's
Findings and Recommendations filed on December 10, 2014. In the Findings and
Recommendations, Judge Ostby recommends that this Court deny Pioneer
Wireline Services, LLC's Motion to Dismiss (Doc. 4).
Pursuant to 28 U.S.C. § 636(b)(l), the parties were required to file written
objections within 14 days of the filing of Judge Ostby's Findings and
Recommendations. No objections were filed. When neither party objects, this
Court must still review Judge Ostby's conclusions for clear error. Clear error
exists if the Court is left with a "definite and firm conviction that a mistake has
been committed." United States v. Syrax, 235 F.3d 422, 427 (9th Cir. 2000). After

1

reviewing the Findings and Recommendations, this Court does not find that Judge
Ostby committed clear error.
Accordingly, IT IS HEREBY ORDERED:
1. Judge Ostby's Findings and Recommendations (Doc. 10) are ADOPTED
IN FULL.
2. Defendant Pioneer Wireline Services, LLC's Motion to Dismiss (Doc.4)
is DENIED.

DATED th;,

,u'ty of!onumy 2015.~

_

~-~~
SUSANP. WATTERS
United States District Judge

2